Exhibit 10.1.8
XXXXX CENTER
SECOND AMENDMENT OF LEASE
DATE: October 15, 1998
BETWEEN: ST. XXXX PROPERTIES, INC.
000 Xxxxxx Xxxxxxxx
000 Xxxxxx Xxxxxx Xxxxx
Xxxxxxxxxxx, XX 00000 ("Landlord")
AND: ADVANCED TELECOMMUNICATIONS, INC.
successor in interest to: One Call Telecom, Inc.
000 Xxxxxx Xxxxxx Xxxxx
Xxxxx 0000
Xxxxxxxxxxx, XX 00000 ("Tenant")
IN RESPECT OF PREMISES IN: Xxxxx Building, Minneapolis, Minnesota
LANDLORD AND TENANT hereby agree as follows:
1. In this Second Amendment of Lease:
(a) "Building" means Xxxxx Building located in the city of Minneapolis.
(b) "Premises" means 3,555 square feet of space in the Building, as set
out in the Lease.
(c) "Additional Premises" means 2,042 square feet in the Buildings as
set out in the Amendment Of Lease dated May 15,1997.
(d) "Lease" means the lease between Landlord and Tenant dated July,
1996, as amended by Amendment of Lease, dated May 15, 1997, covering
the Premises and Additional Premises and assigned under the
Assignment of Lease dated August 18, 1998.
(e) "Second Amendment Date" means the 15th day of October, 1998.
2. Effective on the Second Amendment Date, Article 3.01 of the Lease as
amended by the Amendment of Lease dated May 15, 1997 is deleted, and the
following is substituted therefor:
3.01 Term Notwithstanding Article 3.02 and 3.03, the Term of this Lease
shall be eight (8) years, three (3) months and ten (10) days beginning on
the twenty second day of the month of July 1996 and ending on the last day
of the month of October, 2004, unless terminated earlier as provided in
this lease.
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3. Effective on the Second Amendment Date, Article 4.01 of the Lease as
amended by the Amendment of Lease dated May 15,1997 is deleted and the
following substituted therefore:
4.01 Annual Rent Tenant shall pay to Landlord as Annual Rent for the
Premises the annual sum of thirty-one thousand nine hundred ninety-five
and 00/100 dollars ($31,995.00) in respect of the period July 22,1996
through June 30,1997, thirty-seven thousand three hundred twenty-seven,
50/100 dollars ($37,327.50) in respect of the period July 1, 1997 through
October 31, 1998, and forty-nine thousand seven hundred seventy 00/100
dollars ($49,770.00) in respect of the period November 1, 1998 through
October 31, 2004, payable in advance and without notice in monthly
installments (each equal to one-twelfth of the Annual Rent) on the
Commencement Date and on the first day of each month thereafter during the
Term.
4. Effective on the Second Amendment Date, Article 27.03 of the Lease as set
forth in the Amendment of Lease, dated May 15,1997 is deleted and the
following is substituted thereby:
27.03 Rent Tenant shall pay to Landlord as Annual Rent for the Additional
Premises, the annual sum of twenty-one thousand four hundred forty-one
00/100 dollars ($21,441.00) with respect to the period July 1, 1997
through October 31, 1998 and twenty-eight thousand five hundred
eighty-eight 00/100 dollars ($28,588.00) with respect to the period
November 1,1998 through October 31,2004. Rent shall be paid in equal
monthly payments at the time and in the same manner as Annual Rent
payments are to be made pursuant to the Lease.
5. Effective on the Amendment Date, Article 29 of the Lease as set forth in
the Amendment of Lease, dated May 15, 1997 is deleted without
substitution.
6. Effective on the Second Amendment Date, the following is added as Article
32.00:
ARTICLE 32.00 Second Additional Premises
32.01 "Second Additional Promises" means the area on the twelfth floor of
the Building as indicated on Exhibit 1 attached hereto, hereby deemed to
contain 1,461 square feet plus, for the calculation of Rent only, an
additional 219 square feet of unallocated space in the Building.
32.02 Term The Term on the Second Additional Premises shall commence on
the "Second Additional Premises Commencement Date" which shall be November
1, 1998, subject to the substantial completion of Tenant Improvements set
forth in Article 33.00 of this Second Amendment of Lease and terminate on
the same day of the Premises.
32.03 Rent Tenant shall pay to Landlord as Annual Rent for the Second
Additional Premises, the annual sum of twenty-one thousand eight hundred
forty 00/100 dollars
-2-
($21,840.00). Rent shall be paid in equal monthly payments at the time and
in the same manner as Annual Rent payments are to be made pursuant to the
Lease.
32.04 Occupancy Costs Tenant shall pay, as additional rent, Occupancy
Costs in respect of the Second Additional Premises at the time and in the
same manner as payment of Occupancy Costs are to be made pursuant to the
Lease.
7. Effective on the Second Amendment Date, the following is added as Article
33.00:
ARTICLE 33.00 Landlord's Work
33.00 Landlord shall, using Building Standard materials and finishes,
construct Tenant Improvements to the Premises, Additional Premises and
Second Additional Premises ("the Space") in accordance with the "Plan"
which is attached hereto as Exhibit 2. All other work necessary for
occupancy of the Space by Tenant will be Tenant's responsibility at
Tenants cost
Except as specifically provided herein, the terms and conditions of this Lease
are confirmed and continued in full force and effect.
This Second Amendment of Lease shall be binding on the heirs, administrators,
successors and assigns (as the case may be) of the parties hereto.
IN WITNESS OF THIS LEASE Landlord and Tenant have properly executed it as of the
date set out on page one.
LANDLORD: TENANT:
ST. XXXX PROPERTIES, INC. ADVANCED TELECOMMUNICATIONS, INC.
By: /s/ R. Xxxxxxx Xxxxxxx By: /s/ Xxxxxxx X. Xxxxxxx
-------------------------------- --------------------------------
R. Xxxxxxx Xxxxxxx
Vice President Asset Management Its: Treasurer
--------------------------------
10-19-98 Xxxxxxx X. Xxxxxxx
----------------------------------- ------------------------------------
Date Executed Please Print Name
10/9/98
------------------------------------
Date Executed:
------------------------------------
Witness to the signature of Tenant
if not incorporated.
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EXHIBIT 1
[GRAPHIC OMITTED]
EXHIBIT 2
[GRAPHIC OMITTED]
XXXXX CENTER
AMENDMENT OF LEASE
DATE: October 5, 1998
BETWEEN: ST. XXXX PROPERTIES, INC.
000 Xxxxxx Xxxxxxxx
000 Xxxxxx Xxxxxx Xxxxx
Xxxxxxxxxxx, XX 00000 ("Landlord")
AND: Advanced Telecommunications, Inc.
000 Xxxxxx Xxxxxx Xxxxx
Xxxxx 0000
Xxxxxxxxxxx, XX 00000 ("Tenant")
IN RESPECT OF PREMISES IN: Peavey Building - Minneapolis, Minnesota
LANDLORD AND TENANT hereby agree as follows:
1. In this Amendment of Lease:
(a) "Building" means Peavey Building located in the city of Minneapolis.
(b) "Premises" means 9,528 square bet of space in the Building, as set
out in the Lease.
(c) "Lease" means the lease between Landlord and Tenant dated September
15, 1997, covering the Premises.
(d) "Amendment Date" mean the 15th day of October, 1998.
2. Effective on the Amendment Date, Article 3.01 of the Lease is deleted, and
the following is substituted therefore:
3.01 Term Notwithstanding Articles 3.02 and 3.03, the term of this Lease
shall be seven (7) years, beginning on the first day of the month of
November, 1997 and ending on the last day of the month of October,
2004, unless terminated earlier as provided in this Lease.
3. Effective on the Amendment Date, Article 4.01 is deleted and the following
substituted therefore:
4.01 Annual Rent Tenant shall pay to Landlord as Annual Rent for the
Premises the annual sum of ninety five thousand two hundred eighty
and 00/100 dollars
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($95,280.00) in respect of the period November 1, 1997 through
October 31, 1999, one hundred nine thousand five hundred seventy-two
and 00/100 dollars ($109,572.00) in respect of the period November
1, 1999 through October 31, 2000, and one hundred twenty-three
thousand eight hundred sixty-four and 00/100 dollars ($123,864.00)
in respect of the period November 1, 2000 through October 31, 2004,
payable in advance and without notice in monthly installments (each
equal to one-twelfth of the Annual Rent) on the Commencement Date
and on the First of each calendar month thereafter during the term.
Except as specifically provided herein, the terms and conditions of this Lease
are confirmed and continued in fun force and effect.
This Amendment of Lease shall be binding on the heirs, administrators,
successors and assigns (as the case may be) of the parties hereto.
IN WITNESS OF THIS LEASE Landlord and Tenant have properly executed It as of the
date set out on page one.
LANDLORD: TENANT:
ST. XXXX PROPERTIES, INC. ADVANCED TELECOMMUNICATIONS, INC.
By: /s/ Xxxxxxx Xxxxxxx By: /s/ Xxxxxxx X. Xxxxxxx
-------------------------------- --------------------------------
R. Xxxxxxx Xxxxxxx
Vice President Asset Management Its: Treasurer
--------------------------------
10-19-98 Xxxxxxx X. Xxxxxxx
----------------------------------- --------------------------------
Date Executed Please Print Name
10-19-98
--------------------------------
Date Executed
--------------------------------
Witness to the signature of
Tenant if not incorporated
MADISONMARQUETTERealtyServices
September 30, 1997
HAND DELIVERED
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Mr. Xxxx Xxxxxxx
Advanced Telecommunications, Inc.
000 Xxxxxx Xxxxxxxx
000 Xxxxxx Xxxxxx Xxxxx
000 Xxxxxx Xxxxxxxx Xxxxxxxxxxx, XX 00000
000 Xxxxxx Xxxxxx Xxxxx
Xxxxxxxxxxx, Xxxxxxxxx RE: Lease of Office Space
55402-2450
Dear Xxxx:
Tel: 612/000-0000
Fax: 612/000-0000 Enclosed please find one fully executed copy of the
Lease of Office Space between Advanced
Telecommunications, Inc. and St. Xxxx Properties, Inc.
for your new space on twelfth floor Peavey Building.
It has been a pleasure working with you on your
relocation. Please do not hesitate to call me if I can
be of further assistance to you.
Sincerely,
MADISON MARQUETTE REALTY SERVICES, L.P.
As Managing Agent For St. Xxxx Properties, Inc.
/s/ Xxxxxxx X. Xxxxxx
--------------------------------
Xxxxxxx X. Xxxxxx
Vice President
Office & Industrial Properties Division
/ljw
enclosure